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Home My WebLink About05-16-05 PETITI?N FOR PROBATE and GRAN~ OF L~TE~S, Estate of Grace I. SOler No. -e:QJ 65 t5" 7 also known as To: Register of WilIs for the , Deceased. County of Cumberland in the Social Security No. 201-18-2963 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner( s), who is/are 18 years of age or older and the execut or named in the last will of the above decedent, dated Januarv 28. 2005 and codicil(s) dated (state relevant circumstances, e,g, renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h er last family or principal residence at 824 Lisburn Road. Camo Hill. PA 17011 (list street, number and municipality) Decedent, then 87 years of age, died 5/11/2005 at Holv Soirit Hosoital. East Pennsboro Townshio. Cumber land County Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim ofa kilIing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 285.000.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (Ifnot domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters thereon. i- ,-.. '" '-" <U U c:: <U :'5! '" ,-.. <U '" ~)::' <U 'Oc:: a.g 3'~ i~ bi en David Spier 889 LaRue Road Clifton Springs, NY 14432 ";0 , ~"-~".) 1"""'-'-" ;;:::;'"') c...:."" i'..,; -'""'''' ,,",. ' ,- , ' ~ Q' ,'---'\ ,"'---""\ , .-' "1 J:':""1lo :)J ']-"; 0.3 -.J OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYL VANIA } ss COUNTY OF Cumberland The petiti"lner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and c9rrect to the best of the knowledge and belief ofpetiti er(s) and that as rsonal represen- tative(s) ofthe above decedent petitioner(s) will well and truly inistl=r / es a ording to law. d subscribed day of l.....- { ~ ~. i: ~ ~ No. ~ / - 05" - tJl/fo 7 Esft2te of 9 DeCe2Sed DECREE OF PROEA.TE AND GRANT OF LlETllk!.:RS . A~D _~o~: ~.~.t!}~t ~ :~. ;_ _ ~~ consideration of the petition on the level;,e s!~e he.evi, ;,"';J;,.....C.Vly PLVOI. il",;r.ug bee.. p.esentcd e.ore r;le, t"qdL J ~ . and Letters O( -tp.s\o..O'\tl\krY are hereby granted to 'D(k>./\~ 15\\ p \" FEES Probate, Letters, Etc. ......... S Short Certificates( ).......... S Renunciation ................ S $ TOTAL _ $ !J.Lk .~ .~t J' ~ ~~I J;,~C\ t'<\ ~ a\\\f\ (J .~{\ ATTORNEY (Sup. Ct. I.D. No.) '\ 'J \'<\os~ -t ~uos~ ~\4 Me-G"QJ\~ ~~RESS rA \~o!iS- 7/7-7~(' -3'I7a PHONE Filed BOND REGISTER OF WILLS OF CUMBERLAND COUNTY BOND AND SURETY FOR PERSONAL REPRESENTATIVE KNOW ALL BY THESE PRESENTS, That David Spier as principal(s) and Ohio Casualty Insurance Company as surety (sureties) are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of ~ive Hundred Seventy Thousand dollars ($ 570.000.Pl6 be paid to the Commonwealth, for which payment we do bind ourselves, jointly and severally, our heirs, executors, administrators and successors, the condition of this obligation being that if David Spier as (state fiduciary capacity) executor of the estate of Grace 1. Spier , deceased, or any of them, shall well and truly administer the estate according to law, then this obligation shall be void as to the personal representative or representatives who shall so administer the estate and his or their surety or sureties; but otherwise it shaH remain in fuH force. Signed and sealed this ' 23rd day of May ,19 2005 ,each (Seal) !!!!ending to be legally bound hereby. c:t...~ .,-~t (';'"j :;',.- THo.II1~ ' /" tlrrro(LJJ~'\f (Seal) rl'Pr (Seal) (Seal) (Seal) CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 33-561 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, in pursuance of authority granted by Article VI, Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West American Insurance Company, do hereby nominate, constitute and appoint: appoint Ralph G. Viehman, Jr., Thomas R. Viehman or D. Jean Rodriguez of Mechanicsburg, Pennsylvania its true and lawful agent (s) and attomey (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLION ($1,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 30th day of October, 1998. ., .t-~\NSiJ.<i"'l ~~~".l.I.~,.(f. .~G ",C'~ !:~~... "-'\~ il '~"I ;:SEAL'~, ','i],SEAL;. ~<f!.i,t!~:f..,:; > '.vOlA"" Y A~ J~ Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 30th day of October, 1998 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the ot1icer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written ~"'1PIIIII.'", #~~\~.~.~~~( "!o i'" .... 'S. i.f ),,' ~ /J \\~;,. .~J .J. .o.t~ ,,.~ r"IlI"..~ _ "'1114,.",,,.,-- Notary Public in and for County of Butler, State of Ohio My Commission expires August 6, 2002. This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West American Insurance Company, extracts from which read: Article VI, Section 7. APPOINTMENT OF ATTORNEYS-IN-FACT, ETC. "The chairman of the board, the president, any vice-president, the secretary or any assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Companies as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political subdivision." Article VI, Section 1, APPOINTMENT OF RESIDENT OFFICERS. "The Chairman of the Board, the President, any Vice President, a Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political subdivision." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies (adopted May 27, I 970-The Ohio Casualty Insurance Company; adopted April 24, I 980-West American Insurance Company): "RESOLVED that the signature of any officer of the Company authorized by the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and etTect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Companies and the above Resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 23 day of May, 2005 ,,,.... 'A\NSU~ ...~'f,.\').~u~.( ~(l' "l."" ~~.,.. ."t(-; t , <<''0 I~! SEAL'~ ~ SEAL} y-~.... ...," '~-; ~ $ V it"........,\"" '.vOlA"" ~ /. /' ' /'./. /.L ~",~w,?,~....~" ~/~ L ~ 5-4300 Assistant Secretary ... LAST WILL AND TEST AMENT I, Grace 1. Spier, of Lower Allen Township, Cumberland County, cr'\ Pennsylvania, being of sound mind, memory and understanding, do make a~4::; ~J.-} .._.n.e_\ ... publish this my Last Will and Testament, hereby revoking and making voidimy and c...) -.J all wills heretofore made by me. FIRST: I give, devise and bequeath all of my estate, real, personal or mixed of whatsoever kind and wheresoever be distributed to: David Spier (my Son) 889 LaRue Road Clifton Springs, NY 14432 SECOND: All transfer inheritance or estate taxes on property passing under this my Last Will and Testament shall be paid out of the principal of my estate to the same effect as if said taxes were expenses of administration. THIRD: This Will consists of three (3) pages. Gt ~ s. FOURTH: I hereby nominate, constitute and appoint David Spier as Executor of this my Last Will and Testament, and if he be deceased or unable to serve, then I nominate, constitute David G Fleming to be the Executor of this my Last Will And Testament. FIFTH: (a). I authorize and empower my Executor, for the payment of debts or for any purpose of administration or distribution, at any time within two years from the date of my death, to sell all or any of my real estate, at public or private sale, for such prices and upon such terms as to cash and credit as he may deem best, and to execute deeds of conveyance thereof, without liability on the part of the purchasers to see to the application of the purchase moneys. This power shall not be construed to work a conversion of my real estate, unless and until the power is actually exercised, nor shall this power be construed to extend the lien of debts. (b). I authorize my Executor to retain all stocks, bonds and other instruments made by me for distribution in kind, or in his discretion to sell and transfer the same, either in person or by attorney, without liability on the part of the purchasers to see to the application of the purchase moneys. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ;W}L day of J)'l'<JU1 Signed, sealed, published and declared by the Testatrix above named, as and for his Last Will and Testament, in the presence of us who have hereunto at his request sub- scribed our names in his presence and in the presence of each other as witnesses hereto. clAJ ~. Witness Q k:~~ I I ness '- )"\ I ,2005. ); ~ Jj . S~t.,{SEAL) Testatrix P . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WE, Grace I. Spier, (~rLS FrtT/!JG, and t f-. , 1(' c..... fu V7 C. /1' uJ , the Testatrix and the witnesses, respectively, whose I names are signed to the attached or foregoing instrument, being duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix signed the Will as a witness and that to the best of his or her knowledge, the Testatrix was at that eighteen (18) years of age or older, of sound mind and under no constraint or undue influence, and I, the said Testatrix do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. 1J#~.~,S~J Testatrix? ~ ' ~~ ~ ... . . (~ /..1' - e'( ~ C1),~u ) Subscribed, sworn to and acknowledged before me by Grace I. Spier, the Testatrix and subscribed and sworn to before me by . . ~.~- ~\,.~ r t ,y.... ~~\~ H ,.. t;u S witnesses, this ,2g11<day of , A.D. 2005. ;;::z; ,//,/' L COMMONWEALTH OF PENNSYLVANIA Notarial Seal Thomas Roh. Jr., Notary Public Lower Allen Twp., Cumberland County My Commission Expires Oct. 30. 2007 Member. Pennsylvania Associalion Of Notaries